87R1452 GCB-D
By: Menéndez S.B. No. 88
A BILL TO BE ENTITLED
AN ACT
relating to a special education liaison program and the provision
of certain special education services at public school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.005(a), Education Code, is amended to
read as follows:
(a) Before a child is enrolled in a special education
program of a school district, the district shall establish a
committee composed of the persons required under 20 U.S.C. Section
1414(d) to develop the child's individualized education program. If
the district employs a special education liaison under Section
33.015, the special education liaison shall serve as the district's
representative on the committee. If a committee is required to
include a regular education teacher, the regular education teacher
included must, to the extent practicable, be a teacher who is
responsible for implementing a portion of the child's
individualized education program.
SECTION 2. Chapter 33, Education Code, is amended by adding
Subchapter A-1 to read as follows:
SUBCHAPTER A-1. SPECIAL EDUCATION LIAISON PROGRAM
Sec. 33.015. SPECIAL EDUCATION LIAISON. From funds
appropriated for the purpose or other funds that may be used for the
purpose, the commissioner shall distribute funds to each school
district to:
(1) provide special education liaison services under
this subchapter; and
(2) employ one or more certified educators to serve as
special education liaison for the district.
Sec. 33.016. SPECIAL EDUCATION LIAISON; GENERAL DUTIES. In
addition to other duties provided under this subchapter, a special
education liaison employed under Section 33.015 shall:
(1) perform duties regarding individualized education
programs under Section 29.005, in the manner provided by Section
33.017;
(2) conduct manifestation determination hearings and
implement behavioral intervention plans as required by 20 U.S.C.
Section 1415(k), in the manner described by Section 33.018;
(3) communicate verbally and in writing with campus
administrators regarding policies and procedures necessary to
ensure compliance with legal and policy requirements involving
special education programs;
(4) communicate with educators and staff at district
campuses to provide guidance, mentoring, and information about
special education policies and procedures;
(5) provide guidance to special education teachers and
staff in the provision of special education services to students in
accordance with the Individuals with Disabilities Education Act (20
U.S.C. Section 1400 et seq.);
(6) provide mentoring and training to special
education teachers and staff at district campuses;
(7) become familiar with the specific duties and
responsibilities of any providers of services that are ancillary to
special education services provided by the district;
(8) provide general case management for students in
individualized education programs under Section 29.005;
(9) conduct inquiries to address concerns brought by
family members of students in special education programs under
Subchapter A, Chapter 29; and
(10) conduct home visits as necessary to maintain
quality communication between district educators and staff and
family members of students in special education programs under
Subchapter A, Chapter 29.
Sec. 33.017. SPECIAL EDUCATION LIAISON DUTIES REGARDING
INDIVIDUALIZED EDUCATION PROGRAMS. A special education liaison
employed under Section 33.015 shall:
(1) serve as an expert in the development,
implementation, and assessment of individualized education
programs under Section 29.005 for students in the district;
(2) serve as the representative of the district, as
necessary, on a committee established under Section 29.005 to
develop an individualized education program for a student enrolled
at the district; and
(3) review individualized education program documents
for compliance with federal and state laws and related procedural
guidelines.
Sec. 33.018. SPECIAL EDUCATION LIAISON DUTIES REGARDING
MANIFESTATION DETERMINATION HEARINGS AND BEHAVIORAL INTERVENTION
PLANS. (a) If a change in educational setting is proposed for a
student in an individualized education program under Section
29.005, based on the student's violation of the district's code of
student conduct, a special education liaison employed under Section
33.015 shall conduct a manifestation determination hearing, in
accordance with 20 U.S.C. Section 1415(k), to determine if the
violation was a manifestation of the student's disability.
(b) If a violation is determined under Subsection (a) to be
a manifestation of the student's disability, or at the request of a
committee established under Section 29.005, the special education
liaison shall conduct a functional behavioral assessment and
implement a behavioral intervention plan for the student in
accordance with 20 U.S.C. Section 1415(k).
SECTION 3. (a) The commissioner of education shall provide
funds identified under Section 33.015, Education Code, as added by
this Act, to school districts as soon as practicable after the
effective date of this Act.
(b) Each school district required to employ a special
education liaison under Subchapter A-1, Chapter 33, Education Code,
as added by this Act, shall hire a person qualified for the position
as soon as practicable after the effective date of this Act.
SECTION 4. This Act applies beginning with the 2021-2022
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.